Steps to Take After a Brain Injury in San Diego

Knowing the steps to take after a brain injury in San Diego can protect both your health and your legal rights. A traumatic brain injury demands urgent medical attention, careful documentation, and early legal guidance from a San Diego brain injury attorney. The decisions you make in the first hours and days after the injury can shape your recovery and your ability to recover compensation. The CDC counted 68,663 TBI-related deaths in 2023 and roughly 214,000 TBI-related hospitalizations in 2020, and those figures do not include the many brain injuries treated only in an emergency department. This guide walks through each critical step in three phases: immediate actions (Steps 1 and 2), the following days and weeks (Steps 3 through 5), and continuing recovery while your claim moves forward (Steps 6 and 7).

Recognize the Signs of a Traumatic Brain Injury

One of the cruelest things about traumatic brain injuries is how easy they are to underestimate. Many TBI victims feel “okay” right after an accident. Their adrenaline is pumping, they’re focused on the chaos of the moment, and the brain doesn’t always register its own damage. Symptoms can take hours, days, or even weeks to fully emerge.

Emergency Warning Signs: Call 911

The CDC’s TBI danger signs are the symptoms that mean a dangerous blood clot or bleed may be pressing on the brain. Call 911 or go to an emergency department right away if the injured person:

• Has a headache that gets worse and does not go away
• Experiences weakness, numbness, decreased coordination, convulsions, or seizures
• Vomits repeatedly
• Has slurred speech or unusual behavior
• Has one pupil larger than the other
• Cannot recognize people or places, or becomes confused, restless, or agitated
• Loses consciousness, looks very drowsy, or cannot be woken up

For a child, the CDC adds two more: a child who will not stop crying and cannot be consoled, or who will not nurse or eat, needs emergency care after any bump, blow, or jolt to the head or body.

Milder symptoms such as headache, dizziness, nausea, fogginess, sensitivity to light or noise, sleep changes, and irritability still mean the brain was injured and still need a medical evaluation. For the full picture of what to watch for, see our guides to TBI symptoms to watch for after an accident and delayed brain injury symptoms, which explain why a “normal” CT scan and a good first day do not rule out a brain injury.

If you develop new or worsening symptoms after your accident at any point go back to the doctor immediately. This is not overreacting. It is protecting your health and your legal case.

Step 1: Call 911 and Get Emergency Medical Care Immediately

This is the most important step and the one most people want to skip, especially if they feel “okay.” Don’t. Here’s why:

First, brain injuries are not like broken bones. You cannot see a TBI, you cannot feel it the way you feel a cut or a fracture, and your judgment about whether you’re injured is itself compromised by the very injury you’re trying to assess. That dizzy feeling you’re writing off might be the beginning of a subdural hematoma.

Second, from a legal standpoint, seeking immediate medical care creates a documented chain of evidence connecting the accident to your injury. If you wait days or weeks to see a doctor, the insurance company defending the at-fault party will argue that something else caused your symptoms.

If emergency personnel arrive at the scene, do not decline treatment. Even if you feel fine, let them evaluate you. Allow them to transport you to the hospital if they recommend it. The emergency departments at UC San Diego Health, Sharp Memorial Hospital, and Scripps Mercy Hospital in San Diego are equipped to handle traumatic brain injuries, with neurology and neurosurgery teams on call.

The CDC is direct about this: people with even a mild TBI or concussion need to be seen by a healthcare provider, and getting care promptly can speed recovery. At the hospital you may receive a CT scan and a Glasgow Coma Scale assessment; our guide to how brain injuries are diagnosed explains what each test does and does not show. Whatever is ordered, these records become the foundation of your medical case.

Step 2: Follow Up with a Specialist Even if the ER Clears You

Emergency rooms are excellent at ruling out life-threatening emergencies. They are not equipped and are not designed to manage the long-term effects of traumatic brain injury. If the ER sends you home, your next call should be to your primary care physician for a referral to a neurologist or neuropsychologist, ideally one who specializes in brain injuries.

San Diego Brain Injury Specialists and Resources

San Diego has a strong medical infrastructure for TBI care, including hospital-based neurotrauma and concussion clinics, inpatient and outpatient rehabilitation programs, and pediatric specialists. Our guide to brain injury rehabilitation in San Diego walks through the phases of treatment and the local providers who deliver it.

Why “Cleared” Doesn’t Mean “Fine”

A CT scan that shows no acute bleeding does not mean you have no brain injury. For mild to moderate TBIs, a neuropsychological evaluation is often more revealing than imaging, and a specialist can order one when the emergency room will not.

Follow-up care also matters. A gap in treatment gives insurance adjusters ammunition to argue that your injury healed, or was never serious to begin with. Consistent, documented medical treatment creates a record that demonstrates the truth about what you’re actually going through.

Step 3: Document Everything From Day One

Brain injury cases are often won or lost on documentation. Insurance companies hire investigators, claims adjusters, and defense-side doctors whose job is to minimize the severity of your injury. Your documentation is your defense.

Start a Symptom Journal

Beginning the day after your accident, or as soon as you’re able, keep a daily written record of your symptoms. Note:

• Headache severity (on a scale of 1–10)
• Cognitive symptoms: memory lapses, difficulty concentrating, word-finding problems
• Physical symptoms: dizziness, fatigue, nausea, vision changes
• Emotional symptoms: anxiety, depression, irritability, personality changes
• Sleep quality: how many hours, interrupted sleep, unusual fatigue
• Activities you could not do that day because of your symptoms
• Any medications you took and their effectiveness

This journal becomes crucial evidence for symptoms that don’t show up on imaging but are very real. A neuropsychologist reviewing your case months later will use this record to understand the progression of your injury.

Photograph Your Injuries

Visible injuries, like lacerations, bruising, or swelling, should be photographed immediately and in the days that follow as bruising develops. Brain injuries often come with external injuries. Document all of them.

Preserve Accident Scene Evidence

If you or someone with you was able to photograph the accident scene, including vehicle damage, road conditions, property conditions, or any other physical evidence, preserve those photos. Do not delete them, do not post them on social media, and do not allow access to them without consulting an attorney.

Keep all physical evidence as well: the clothing and shoes you were wearing, any equipment involved in the accident, and any documents you received at the scene. Save every piece of paper related to your medical care: emergency room discharge instructions, prescriptions, receipts for medications, bills, appointment summaries, and any written correspondence with your insurance company.

Step 4: Report the Accident to the Right Authorities

Depending on how your brain injury occurred, you’ll need to report it to different authorities. This step is both legally required in some situations and strategically important in all of them.

Car Accidents

Under California Vehicle Code § 16000, a driver must report a car accident to the California DMV within 10 days if the accident involved injury, death, or property damage to any one person exceeding $1,000. The police or California Highway Patrol will typically file a traffic collision report if they respond to the scene. Request a copy of that report. You’ll need it.

Your own auto policy almost certainly requires you to notify your insurance company of the accident, regardless of who was at fault. Do this promptly, but be careful about what you say. Stick to the basic facts of what happened and avoid making statements about your symptoms or how you’re feeling.

Slip and Falls and Premises Accidents

If your brain injury occurred on someone else’s property (a retail store, apartment complex, hotel, restaurant, or any other premises), report the accident to the property owner or manager and request a written incident report. Ask for a copy. The property owner’s insurance company should be notified, but again, consult an attorney before giving a recorded statement.

Accidents Caused by a Government Entity

This is where timing becomes especially critical. If your brain injury was caused by a dangerous roadway condition maintained by a government entity (the City of San Diego, San Diego County, or Caltrans, for example), you are required to file a formal government claim before you can file a lawsuit. Under California’s Government Claims Act, Government Code § 911.2 requires a claim for personal injury to be presented not later than six months after the cause of action accrues, and Government Code § 945.4 bars a lawsuit for damages until that written claim has been presented and acted on or deemed rejected. Missing this deadline can permanently bar your claim, regardless of how strong your case is.

The same six-month rule applies if you were injured on government-owned property, by a government vehicle, or by a government employee acting within the scope of their job.

Step 5: Protect Your Legal Rights (What NOT to Do)

After a serious brain injury, you’ll be focused on recovery. But the legal landscape around you is already moving, and certain mistakes can permanently damage your ability to recover compensation. Here’s what to avoid:

Don’t Give a Recorded Statement to the Other Party’s Insurance Company

If the at-fault party’s insurance company contacts you and asks to record a statement, politely decline and contact an attorney first. You are not legally required to give a recorded statement to the other side’s insurer. The adjuster is not on your side. Their job is to find statements that can be used to minimize your claim or deny it entirely.

This is especially important with brain injuries. You may not fully understand the scope of your injury yet. You may be experiencing cognitive symptoms that affect how you communicate. A recorded statement given in the early days after a TBI can come back to haunt you.

Don’t Accept an Early Settlement Offer

Insurance companies sometimes offer quick settlements in the days or weeks after a serious injury before you know how serious it actually is. For brain injury victims, this is particularly dangerous. The full impact of post-TBI cognitive difficulties, personality changes, inability to work, or need for long-term care may not be apparent for months.

Once you accept a settlement and sign a release, you cannot go back for more money, even if your injuries turn out to be far worse than initially understood. Do not accept any settlement offer before consulting with an attorney and understanding the full picture of your injuries.

Be Careful What You Post on Social Media

Insurance defense teams routinely monitor social media accounts of injury claimants. A photo of you at a family gathering, a post about feeling better, or anything suggesting you’re more capable than your injury claims will be used against you. The safest approach: avoid posting about your accident, your health, or your activities until your case is resolved.

Step 6: Understand California’s Time Limits for Brain Injury Claims

California law sets strict deadlines for filing personal injury claims. Missing these deadlines typically means losing your right to compensation entirely regardless of how clear-cut your case is. Here’s what you need to know:

The Standard Two-Year Statute of Limitations

Under California Code of Civil Procedure § 335.1, you generally have two years from the date of your injury to file a personal injury lawsuit. For most accident victims, this two-year clock starts on the day of the accident.

Two years sounds like a long time. It really isn’t, especially for brain injury victims who may spend months in medical treatment and rehabilitation before they’re even in a position to focus on legal matters. The time passes quickly, and your attorney needs time to investigate, gather evidence, consult with experts, and prepare your case.

The Discovery Rule: When Symptoms Appear Later

California recognizes a “discovery rule” for injuries that aren’t immediately apparent. Under this rule, the statute of limitations may not begin until you knew or reasonably should have known that you had a brain injury caused by the defendant’s negligence. The jury instruction that applies, CACI No. 455, puts the burden on the injured person to prove that before the limitations date they did not discover, and did not know of facts that would have caused a reasonable person to suspect, the injury and its cause.

This is particularly relevant for TBI cases because some symptoms emerge slowly. If you were involved in an accident, felt “fine” initially, and only later developed cognitive difficulties, memory problems, or personality changes that were eventually diagnosed as a TBI the clock may have started when you discovered the injury, not when the accident happened. However, the discovery rule has limits and is interpreted narrowly by courts. Consult an attorney to understand how it applies to your specific situation.

Claims Against Government Entities: Six Months

If a government entity is responsible for your brain injury, you have only six months from the date of the incident to file a government tort claim. This is not the lawsuit itself, it’s a required administrative step that must happen before a lawsuit can be filed. Public entities covered by the California rule include the City of San Diego, San Diego County, the San Diego Unified School District, Caltrans, the San Diego Metropolitan Transit System (MTS), and state agencies.

Federal agencies are different. California’s six-month rule does not apply to them. A claim against the United States (for example, a crash with a Navy, Border Patrol, or Postal Service vehicle, or an injury on a federal installation) is governed by the Federal Tort Claims Act, and under 28 U.S.C. § 2401(b) the claim is forever barred unless it is presented in writing to the appropriate federal agency within two years after it accrues. The claim is usually submitted on Standard Form 95 and must demand a specific dollar amount. Two years is longer than six months, but identifying the right agency and stating the correct sum certain is unforgiving work, so treat a federal claim with the same urgency.

Missing the six-month deadline is almost always fatal to a claim against a government entity. If you suspect a government entity bears any responsibility for your injury, contact an attorney immediately.

Special Rules for Minors

When the brain injury victim is a minor (under 18 years old), Code of Civil Procedure § 352 generally tolls or pauses the statute of limitations until the minor’s 18th birthday. This means a child injured at age 10 would generally have until age 20 to file a lawsuit. However, section 352 expressly does not apply to claims that must first be presented to a public entity, so the six-month government claim deadline still applies to minors, though Government Code § 911.4 and § 911.6 allow a late-claim application on a minor’s behalf if it is made within one year of the injury, and require the public entity to grant it when the child was a minor for the entire six-month period. For more on how brain injuries affect children and what families should know, see our guide for families.

Step 7: Consult a San Diego Brain Injury Attorney

You can navigate many of the early steps after a brain injury on your own. But the legal process of investigating liability, calculating damages, negotiating with insurance companies, and litigating if necessary is not something most people should handle alone, especially while recovering from an injury that affects cognitive function.

Why Brain Injury Cases Are Different

Brain injury cases are among the most complex in personal injury law. Here’s why:

• TBIs are invisible injuries: unlike a broken bone that shows clearly on an X-ray, a TBI requires expert medical testimony to explain to a jury
• Damages can be enormous: lifetime medical care, rehabilitation, lost earning capacity, in-home care costs, and pain and suffering must all be projected over a lifetime, and in serious cases the totals are very large
• Causation is contested: defense experts are paid to argue that your symptoms are unrelated to the accident, making proving liability in brain injury cases a complex process
• Brain injury cases often require multiple expert witnesses: neurologists, neuropsychologists, vocational rehabilitation specialists, and life care planners
• Evidence degrades quickly: witness memories fade, surveillance footage gets deleted, and physical evidence disappears

What a Brain Injury Attorney Can Do for You

A skilled San Diego brain injury attorney will:

• Conduct an independent investigation of the accident, including scene reconstruction if necessary
• Identify all potentially liable parties, including employers, property owners, product manufacturers, and government entities you may not have considered
• Preserve time-sensitive evidence, including black box data from vehicles, surveillance footage, and electronic records
• Connect you with the right medical experts to properly diagnose and document your injury
• Handle all communications with insurance companies so you don’t accidentally damage your claim
• Calculate the full value of your brain injury compensation, including future medical care and lost earning capacity, not just your current bills
• Negotiate aggressively for a fair settlement, and take your case to trial if the insurance company refuses to make a fair offer

Most brain injury attorneys, including Hulburt Law Firm, handle cases on a contingency fee basis, meaning there is no attorney’s fee unless and until you recover compensation. You don’t need money to hire an attorney after a serious brain injury.

How Hulburt Law Firm Approaches Brain Injury Cases

Led by Conor Hulburt, Hulburt Law Firm is a San Diego personal injury law firm focused on catastrophic injury and wrongful death cases, the kinds of cases where the stakes are highest and the complexity is greatest. We handle brain injury cases from the initial investigation through trial, and we understand what it takes to prove the full scope of a TBI to a jury.

We take a limited number of cases so we can give each client the time and attention their case demands. If you’ve suffered a brain injury in San Diego, we offer free consultations with no obligation. We’ll review the facts of your case, answer your questions, and give you our honest assessment of your options.

The Road Ahead: Supporting Your Recovery While Protecting Your Rights

Recovery from a traumatic brain injury is rarely linear. There will be good days and bad days. Progress can be frustratingly slow, and setbacks happen. The cognitive and emotional effects of a TBI can be just as disabling as the physical ones, and less visible to the people around you.

A few things to keep in mind as you move forward:

• Follow your medical team’s instructions, consistently. Compliance with treatment is both medically important and legally important.
• Be honest with your doctors about all of your symptoms, even the ones that embarrass you or seem unrelated. Changes in mood, emotional regulation, and personality are recognized TBI effects and are compensable. Our guide to the long-term effects of traumatic brain injury explains what to watch for over the months ahead.
• Lean on support resources. The San Diego Brain Injury Foundation (SDBIF) offers support groups, educational resources, and connections to community services for TBI survivors and caregivers. You are not alone.
• Keep your legal team informed. Anything that changes in your medical situation (a new diagnosis, a change in treatment, a decline in function) should be communicated to your attorney.

Brain injury cases take time. A thorough investigation, proper medical documentation, and the right expert support don’t happen overnight. But the work done in the early stages of your case is what makes the difference between a fair outcome and a shortchanged settlement.

Free Consultation: Hulburt Law Firm

If you or a loved one has suffered a traumatic brain injury caused by someone else’s negligence, Hulburt Law Firm offers free, confidential consultations with no obligation. We handle brain injury cases on a contingency fee basis, so there are no attorney’s fees unless we recover compensation for you. Visit our San Diego Brain Injury Attorney page to learn more or schedule your free consultation today.